Cheyenne Plains Gas Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective

First Revised Sheet No. 303 First Revised Sheet No. 303

Superseding: Original Sheet No. 303

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

25. INDEMNIFICATION/LIABILITY

 

25.1 Each party to the TSA shall bear responsibility for all of its

own breaches, tortious acts, or tortious omissions connected in

any way with the executed TSA causing damages or injuries of any

kind to the other party or to any third party, unless otherwise

expressly agreed in writing between the parties. Therefore, the

offending party as a result of such offense shall hold harmless

and indemnify the non-offending party against any claim,

liability, loss, or damage whatsoever suffered by the non-

offending party or by any third party. As used herein: the term

"party" shall mean a corporation or partnership entity or

individual and its officers, agents, employees and contractors;

the phrase "damages or injuries of any kind" shall include

without limitation litigation expenses, court costs, and

attorneys' fees; and the phrase "tortious acts or tortious

omissions" shall include without limitation sole or concurrent

simple negligence, gross negligence, recklessness, and

intentional acts or omissions.

 

26. COMPLAINT PROCEDURES

 

26.1 Complaint Procedures. If an existing or potential Shipper has a

complaint relating to any request for transportation service or

any on-going transportation service, Shipper should complete the

attached complaint form and should be mailed by registered or

certified mail, or delivered by hand to any of the contacts

listed on the Payments, Notices, and Contacts sheet.

 

Transporter shall notify Shipper within 48 Hours that the

complaint has been received. Each complaint will be noted on the

transportation service complaint log. Each complaint shall be

investigated, and Transporter shall inform Shipper in writing

within 30 Days of receipt of the complaint of the action, if any,

taken in response to Shipper's complaint. Transporter shall

maintain a separate file for all Shipper complaints and

Transporter's responses.